{"id":"nsw:sl-2026-0430","name":"Drug Court Regulation 2026","slug":"drug-court-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"430 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":578826,"registerId":"nsw-nsw:sl-2026-0430-current","compilationNumber":null,"startDate":"2026-08-31","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Drug Court Regulation 2026](/view/html/inforce/current/sl-2026-0430).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2026.\n> \n> Note—\n> \n> This regulation replaces the [Drug Court Regulation 2020](/view/html/repealed/current/sl-2020-0521), which is repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Drug Court Act 1998](/view/html/inforce/current/act-1998-150).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Eligible persons—the Act, s 5","content":"#### 4 Eligible persons—the Act, s 5\n\n4 Eligible persons—the Act, s 5\n\n> > (1) For the Act, section 5(1)(e), the following criteria are prescribed—\n> > \n> > > (a) the person’s usual place of residence must be in one of the local government areas listed in Schedule 1,\n> > \n> > > (b) the person must not have a mental health impairment or cognitive impairment that could prevent or restrict the person’s active participation in a program under the Act,\n> > \n> > > (c) the person must be at least 18 years of age,\n> > \n> > > (d) criminal proceedings for the offence with which the person is charged must not be criminal proceedings within the Children’s Court’s jurisdiction to hear and determine.\n> \n> > (2) In this section—\n> > \n> > cognitive impairment has the same meaning as in the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012).\n> > \n> > mental health impairment has the same meaning as in the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Eligible convicted offenders—the Act, s 5A","content":"#### 5 Eligible convicted offenders—the Act, s 5A\n\n5 Eligible convicted offenders—the Act, s 5A\n\n> For the Act, section 5A(1)(f), the following criteria are prescribed—\n> \n> > (a) the person’s usual place of residence must be, or the person must be able to reside, in one of the local government areas listed in Schedule 2,\n> \n> > (b) the person must be at least 18 years of age,\n> \n> > (c) criminal proceedings for the offence for which the person was convicted must not be criminal proceedings within the Children’s Court’s jurisdiction to hear and determine,\n> \n> > (d) the person must be male.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Referring courts—referral during proceedings—the Act, ss 6 and 7","content":"#### 6 Referring courts—referral during proceedings—the Act, ss 6 and 7\n\n6 Referring courts—referral during proceedings—the Act, ss 6 and 7\n\n> For the Act, sections 6(1) and 7(1)(b), the following courts and proceedings are prescribed—\n> \n> > (a) the District Court, for criminal proceedings brought before the District Court,\n> \n> > (b) the Local Court, for criminal proceedings brought before the Local Court.\n> \n> Note—\n> \n> A referral to the Drug Court is made by notifying the registrar.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Guidelines about availability and allocation of facilities—the Act, ss 7A and 7B","content":"#### 7 Guidelines about availability and allocation of facilities—the Act, ss 7A and 7B\n\n7 Guidelines about availability and allocation of facilities—the Act, ss 7A and 7B\n\n> For the Act, sections 7A(2)(d) and 7B(2)(d), the following guidelines are prescribed—\n> \n> > (a) the person or body providing the facilities is willing to supervise and control the person’s participation in the program,\n> \n> > (b) it is reasonably likely that the facilities will be available to the person when needed,\n> \n> > (c) the Drug Court has received a suitable treatment plan for the person,\n> \n> > (d) in the opinion of the Drug Court, the facilities are suitable for providing treatment to the person in accordance with the treatment plan.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application of Criminal Procedure Act 1986—the Act, s 18","content":"#### 8 Application of Criminal Procedure Act 1986—the Act, s 18\n\n8 Application of [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)—the Act, s 18\n\n> > (1) This section applies to proceedings before the Drug Court under the Act, section 7A, 7B or 7C.\n> \n> > (2) For the Act, section 18(2), the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209), section 265(1) and (2) are modified so that the obligations of the Drug Court and the prosecutor under the subsections are suspended in relation to a person charged if the person consents to their suspension.\n> \n> > (3) The suspension stops having effect if—\n> > \n> > > (a) the person withdraws their consent, or\n> > \n> > > (b) the person consents to being dealt with by the Drug Court under the Act, section 7D, or\n> > \n> > > (c) the Drug Court refers the person back to the referring court under the Act, section 7D, or\n> > \n> > > (d) the person is dealt with by the Drug Court under the Act, section 7E.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Referring courts—referral of eligible convicted offenders—the Act, s 18B","content":"#### 9 Referring courts—referral of eligible convicted offenders—the Act, s 18B\n\n9 Referring courts—referral of eligible convicted offenders—the Act, s 18B\n\n> For the Act, section 18B(1), the following courts are prescribed—\n> \n> > (a) the District Court,\n> \n> > (b) the Local Court,\n> \n> > (c) the Drug Court, for sentences imposed or determined under the Act, section 7D(3) or 12(3),\n> \n> > (d) the Court of Criminal Appeal, for appeals from—\n> > \n> > > (i) the District Court or the Local Court, or\n> > \n> > > (ii) the Drug Court for proceedings referred to in paragraph (c).\n> \n> Note—\n> \n> A referral to the Drug Court is made by notifying the registrar.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Means of referral back by Drug Court—the Act, s 29(2)(b)","content":"#### 10 Means of referral back by Drug Court—the Act, s 29(2)(b)\n\n10 Means of referral back by Drug Court—the Act, s 29(2)(b)\n\n> The registrar may exercise a function of the Drug Court to notify a court of an order by the Drug Court to refer a person back to the referring court.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Provision of information to Drug Court—the Act, s 31","content":"#### 11 Provision of information to Drug Court—the Act, s 31\n\n11 Provision of information to Drug Court—the Act, s 31\n\n> > (1) For the Act, section 31(1), the following persons are prescribed—\n> > \n> > > (a) a person acting for the Hunter New England, Nepean Blue Mountains, Northern Sydney, South Eastern Sydney, South Western Sydney, Sydney, Western NSW or Western Sydney Local Health Districts,\n> > \n> > > (b) a person acting for the Drug Toxicology Unit of NSW Health Pathology’s Forensic and Analytical Science Service,\n> > \n> > > (c) a person acting for an organisation providing treatment to a drug offender in connection with the drug offender’s program.\n> \n> > (2) For the Act, section 31(2)(b)—\n> > \n> > > (a) information must be provided to the registrar—\n> > > \n> > > > (i) in person, or\n> > > \n> > > > (ii) by letter sent by post to the registrar or delivered to the offices of the registrar, or\n> > > \n> > > > (iii) by electronic means, and\n> > \n> > > (b) information provided to the registrar otherwise than in writing must be confirmed in writing within 24 hours unless the registrar indicates otherwise.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Forms—the Act, s 32(a)","content":"#### 12 Forms—the Act, s 32(a)\n\n12 Forms—the Act, s 32(a)\n\n> A form that may be used in criminal proceedings before the District Court or the Local Court may also be used in criminal proceedings before the Drug Court in the Drug Court’s exercise of the criminal jurisdiction of the District Court or the Local Court.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Fees—the Act, s 32","content":"#### 13 Fees—the Act, s 32\n\n13 Fees—the Act, s 32\n\n> > (1) For the Act, section 32(b), a fee that may be charged for criminal proceedings before the District Court or the Local Court may also be charged for criminal proceedings before the Drug Court in the Drug Court’s exercise of the criminal jurisdiction of the District Court or the Local Court.\n> \n> > (2) For the Act, section 32(c), the Drug Court may postpone, waive or remit a fee that may be charged under the Act, either unconditionally or subject to conditions.\n> \n> > (3) The registrar may exercise the Drug Court’s function under subsection (2).","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Referral back by Drug Court—the Act, s 32","content":"#### 14 Referral back by Drug Court—the Act, s 32\n\n14 Referral back by Drug Court—the Act, s 32\n\n> An order under the Act, section 7D referring a matter back to the referring court may be made by the Drug Court in the absence of the person to whom the order relates.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Savings","content":"#### 15 Savings\n\n15 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Drug Court Regulation 2020](/view/html/repealed/current/sl-2020-0521), had effect under that regulation continues to have effect under this regulation.","sortOrder":14},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Local government areas—eligible persons","content":"# Schedule 1 Local government areas—eligible persons\n\nSchedule 1 Local government areas—eligible persons\n\nsection 4\n\n| Bayside |\n| City of Blacktown |\n| Burwood |\n| City of Campbelltown |\n| Canada Bay |\n| Canterbury-Bankstown |\n| City of Cessnock |\n| Cumberland |\n| Dubbo Regional |\n| City of Fairfield |\n| Georges River |\n| City of Hawkesbury |\n| Hunter’s Hill |\n| Inner West |\n| City of Lake Macquarie |\n| Lane Cove |\n| City of Liverpool |\n| City of Maitland |\n| Mosman |\n| City of Newcastle |\n| North Sydney |\n| City of Parramatta |\n| City of Penrith |\n| Port Stephens |\n| City of Randwick |\n| City of Ryde |\n| Strathfield |\n| City of Sydney |\n| The Hills Shire |\n| Waverley |\n| City of Willoughby |\n| Woollahra |","sortOrder":15},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Local government areas—eligible convicted offenders","content":"# Schedule 2 Local government areas—eligible convicted offenders\n\nSchedule 2 Local government areas—eligible convicted offenders\n\nsection 5\n\n| Bayside |\n| City of Blacktown |\n| City of Blue Mountains |\n| Burwood |\n| Camden |\n| City of Campbelltown |\n| Canada Bay |\n| Canterbury-Bankstown |\n| Central Coast |\n| Cumberland |\n| City of Fairfield |\n| Georges River |\n| City of Hawkesbury |\n| Hornsby |\n| Hunter’s Hill |\n| Inner West |\n| Ku-ring-gai |\n| Lane Cove |\n| City of Liverpool |\n| Mosman |\n| North Sydney |\n| Northern Beaches |\n| City of Parramatta |\n| City of Penrith |\n| City of Randwick |\n| City of Ryde |\n| Strathfield |\n| Sutherland Shire |\n| City of Sydney |\n| The Hills Shire |\n| Waverley |\n| City of Willoughby |\n| Wollongong |\n| Woollahra |","sortOrder":16}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based solely on the supplied text, there is no substantive content to show any change of scope from the instrument’s original purpose. The excerpt contains only administrative metadata (version date, certification under s45C of the Interpretation Act 1987, commencement statement: \"None of the provisions... have commenced\", and a staged repeal note under the Subordinate Legislation Act 1989). There is no evidence in the provided material that the regulation’s scope has grown beyond or diverged from its original intent; absent the actual operative provisions, scope change cannot be demonstrated from this extract."},"complexity_factors":["No operative provisions displayed in the provided text (explicit line: \"None of the provisions displayed in this version of the legislation have commenced\").","Document is mostly website boilerplate and metadata (repeated headers/footers) rather than statutory text.","Cross-references to two external Acts: Subordinate Legislation Act 1989 (repeal date) and Interpretation Act 1987 (s.45C certification).","Versioning metadata present (compiled version date 21/08/2026; file last modified 21 August 2026).","Lack of Parts, sections, definitions or schedules in the provided excerpt — no internal structure to analyse.","Staged-repeal note creates a temporal condition (automatic repeal on 1/9/2031) but no substantive transitional or commencement provisions shown."],"plain_english_summary":"**What this instrument is:** The \"Drug Court Regulation 2026\" is a compiled subordinate instrument on the NSW legislation site (current compiled version date: 21 August 2026) and is \"certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.\"  \n\n**What it does now (based on the document):** the text states \"None of the provisions displayed in this version of the legislation have commenced\" and records an automatic repeal date of \"1 September 2031\" under the Subordinate Legislation Act 1989. This is general legal information, not legal advice — get a qualified Australian lawyer to check before relying on it."}},"importantCases":[],"_links":{"self":"/api/acts/drug-court-regulation-2026","history":"/api/acts/drug-court-regulation-2026/history","analysis":"/api/acts/drug-court-regulation-2026/analysis","conflicts":"/api/acts/drug-court-regulation-2026/conflicts","importantCases":"/api/acts/drug-court-regulation-2026/important-cases","documents":"/api/acts/drug-court-regulation-2026/documents"}}